April

A guide to clearing vegetation in Queensland - Ian Motti and Kathryn Pacey set out how to navigate through Queensland's complex laws on vegetation clearing.
A taxing problem of Olympic proportions: no copyright in a digital data signal - The Copyright Act does not cover digitally created streams of data representing the sounds and images of the event which become the broadcasts we watch.
Be informed - and inform - to avoid goods and services tax liability on insurance settlements - The insured must inform the insurer strictly in accordance with the timeframe prescribed by the GST Act ? or be exposed to potentially unforeseen and adverse tax implications.
Bullying claim for bizarre injury rejected - The injury claimed by the worker might be unusual, but, say Jennifer Wyborn and Lauren Haywood, there are lessons in this bullying case for all employers.
Concerns over toilet pressure not enough for industrial action - The Federal Court has held that workers concerns over toilet pressure on a construction site is not enough of an imminent threat to safety which would justify industrial action, as Jennifer Wyborn and Lauren Haywood explain.
Court settles contest over what constitutes effective community consultation - It's hard for proponents to meet the challenges of coexistence between different industries and between industry and community in rural NSW, but, as Claire Smith, Nick Thomas, Rebecca Davie explain, the key is early and effective community consultation in any major resources project.
Development hiccups: when neighbours won't give you access - Development in highly populated areas is on the rise and with that comes the increasing need to access adjoining land. Nikki Robinson, Carrie Rogers and Neil Sher explain how NSW legislation can help developers in obtaining access to neighbouring land.
Drug and alcohol use: when zero tolerance is tolerable - When safety is critical, employers may be in a stronger position to discipline and even dismiss employees who return positive test results for drugs, even if they're not impaired at work, say Saul Harben and Steve Bowler.
Finding room in DOCAs for insured claims and payouts with the help of the Corporations Act - Peter Bowden explains how a recent decision highlighted the breadth and flexibility of section 447A of the Corporations Act – and ensured an injured woman got the proceeds of an insurance policy.
Five steps for making good project applications - A good project application can set you up for success, so it's worth getting it right. Kathryn Pacey set out the five basic steps in developing and implementing your approvals strategy.
Harper Review of competition law recommends broader reach of cartel and misuse of market power laws - If they're adopted, the recommendations in the final report of the Harper Review of the competition laws and policies in Australia will have wide-ranging impact on the activities of Government and private sector entities alike, says Michael Corrigan.
Heading for the baseline: Government opens consultation on greenhouse emissions Safeguard Mechanism - The Government has released its long-awaited discussion paper on the proposed Safeguard Mechanism. Brendan Bateman and Graeme Dennis explain what this crucial part of the Government's climate change policy could look like.
ICAC v Cunneen: implications for corruption watchdogs - The decision in Cunneen got a lot of press, but what are its key aspects and its likely impact? Eleanor Dickens and Bill Lane investigate…
Is your bank guarantee worth the paper it's written on? - Bank guarantees are readily accepted in lieu of cash deposits under contracts for sale and as security bonds under leases, because they're as good as cash – or are they? Danielle Mildren looks at the risks, and how you can protect yourself.
National Review of Environmental Regulation: a serious catalyst for reform? - Four key strategies would clear up the confusion in Australian environmental regulation, says the Interim Report on the National Review of Environmental Regulation. Brad Wylynko, Damien Gardiner, Kathryn Pacey and Nick Thomas drill down into the details.
New bill to introduce website blocking measures to fight online copyright infringement - A new copyright bill would enable copyright owners to apply to the Federal Court to require carriage service providers to block infringing overseas websites, but the precise method remains unclear, say Timothy Webb and Carmen Culina.
New Queensland Government's legislative program focuses on accountability and jobs creation - The Queensland Government's newly announced legislative program is set to touch on a number of key policy areas from political integrity to jobs creation, as Rhys Dennison explains.
Owners of NSW contaminated or heritage constrained land may be entitled to lower rates and land tax - Recent Land and Environment Court rulings suggest that landowners of contaminated or heritage constrained land may have been paying higher rates and land tax than necessary based on inflated land valuations, where the Valuer-General has applied the wrong valuation methodology or assumptions, as Brendan Bateman, Wagih Doueihi and Janelle Reid explore.
Performance management in the APS - New performance management rules in the Australian Public Service will pose some challenges for supervisors, but, say Jennifer Wyborn and Nathan Moy these can be managed with the right tools and support.
Results are in for the first Emissions Reduction Fund - The results of the inaugural Emissions Reduction Fund auction, released yesterday, will give industry some valuable guidance for the next one – which is yet to be announced.
Swimming between the flags: are financial advisers the new product lifeguards? - Two recommendations of the Financial System Inquiry have been particularly controversial. Matthew Daley and Michelle Plumb see what all the fuss is about.
Ten issues in notifying circumstances under a claims made liability policy - A claims made policy may also respond to a claim made after the policy has expired, if the claim is notified – but how? And when? David Gerber and Craig Hine set out a roadmap to ensure your claim doesn't become the next expensive dispute over the adequacy of notifications.
Woe betide the downloader: film studio to get Australian pirates' IP addresses - ISPs will be ordered to divulge the names and physical addresses of customers whose ISP addresses were used to download the film Dallas Buyers Club.
You're a "complete d-ck" and other things not to say to your boss - Derogatory and offensive communications can damage a business' reputation, undermine working relationships and destroy trust and confidence.

Disclaimer

Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.